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Third probe of detainee treatment

Senior military officers &quot;belatedly&quot; looked into a report that Canadian troops may have mistreated Afghan prisoners, and now that investigations are under way, have made &quot;unfortunate&quot; public comments that suggest they've already decided nothing was done wrong.

By Bruce Campion-SmithOttawa bureau

Sat., Feb. 10, 2007

OTTAWA–Senior military officers "belatedly" looked into a report that Canadian troops may have mistreated Afghan prisoners, and now that investigations are under way, have made "unfortunate" public comments that suggest they've already decided nothing was done wrong.

Those are two reasons cited by Peter Tinsley, chair of the Military Police Complaints Commission, as he announced yesterday that he was launching his own "public interest" probe into possible misconduct of military police officers in their handling of three detainees last April.

While the military's top cop had appealed to the commission to delay its probe, worries about public confidence in the armed forces and concern about the seriousness of the allegations dictated the commission act now, Tinsley said.

"The possible abuse of defenceless persons in (Canadian Forces) custody, regardless of their actions prior to apprehension and the possibility that military police members may have knowingly or negligently failed to investigate such abuse ... are matters of serious concern," Tinsley said in a letter to senior military officers.

The commission, which looks into complaints about the military police, will also examine whether officers "failed to follow proper protocols for the treatment of detainees."

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And Tinsley said he's ready to hold a public hearing, if needed, to exercise subpoena powers to summon witnesses as he examines the "possible abuse" of three prisoners detained by Canadian troops near Dukah in Kandahar province.

"If I have to, well, we'll move to that. But I sure hope it's not required," Tinsley said in an interview.

In launching the investigation, Tinsley bypassed the normal practice of letting the military police branch first do its own investigation into complaints.

"I think in this case the circumstances required us to move," he said, noting that Canada's Somalia mission in 1993 – when several Canadian soldiers were accused of torture and cover-up – is "still fresh in many minds."

"Those thinking Canadians that care want to be assured that this is not a Somalia event," he said.

Canada has about 2,500 troops as part of an international military force in the Kandahar region of southern Afghanistan.

The revelations that detainees had been injured came to light this week after Ottawa law professor Amir Attaran obtained defence department documents detailing the injuries.

In his complaint to the commission, Attaran said it appeared the men had been beaten. Yesterday, he expressed "delight" with the latest investigation, but had sharp criticisms for the defence department's response to the allegations.

"The nature of the injuries – no, it's not another Somalia," Attaran said yesterday.

"But the reflexive instinct of senior DND leadership and the minister to first deny the flow of information to the public and second to shoot the messenger is very Somalia-like," he said. "The point here is transparency and accountability, which for reasons that have to be explained by DND, are inadequate."

"I share the complaint's concern that the relevant military authorities have already had considerable opportunity to initiate internal processes but have waited until this public complaint to do so," Tinsley wrote.

After news of the complaint broke, Hillier vowed to fix any lapses, but also said there could be "nothing" to the concern.

Yesterday, Tinsley said comments by "senior military authorities" could suggest a "predisposition" to find no wrongdoing.

Defence officials say at least one of the detainees – found in a compound where bomb-making components were also uncovered – was "very aggressive" and refused to comply.

"Appropriate physical use of force was necessary to bring him to the ground," according to a military account provided to journalists this week.

Liberal defence critic Denis Coderre (Bourassa) said he's happy with the independent probe, but wants O'Connor to declare when he first learned of the detainee injuries.

The Canadian Forces national investigation service is looking into the matter, as is a board of inquiry, ordered by Hillier.

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